8 دی 1398
تفاوت قراردادهای EPC,BOT,BUY BACK به زبان انگلیسی

تفاوت قراردادهای EPC,BOT,BUY BACK به زبان انگلیسی

در یادداشت پیش رو، تفاوت قراردادهای مهم حوزه سرمایه‌گذاری و پیمانکاری را از نظر ماهیت قرارداد مورد بررسی قرار گرفته است.

یادداشتی از عبدالحسین ایرانی رتبه یک کانون وکلای مرکز سال 1396

1-EPC group (EPC, EPCTK, EPCC, EPCIC, EPCM): Entails construction by contractor; the government benefits from its own suitable financial capabilities (contractor is not investor). The project doesn’t require to be invested (note that EPCF and EPC+F has only been used in Iran and are not of an international practice, therefore are not approved internationally). The contractor only performs its task and receives costs and a fee (lump-sum, unit-rate, ceiling) from the governmental body (state company). The Contractor is not operator. Sovereign guarantee is available – less risk for contractor.

2-BOT: Entails “construction + investment” by contractor. The government does not benefit from suitable financial capabilities (contractor is investor) or it may be probable that financing or investing by government is not economic. The project requires to be invested. The contractor performs its task and recovers it’s cost and a fee by operating its own-built project (amortization of capital takes place from the project). Contractor is operator. Sovereign guarantee is not available – more risk for contractor.

3-BLT: Entails “construction + investment” by the contractor. The government does not benefit from suitable financial capabilities or it may be probable that financing or investing by government is not economic. The project requires to be invested. The contractor performs its task and recovers it’s cost and a fee by receiving leases from its own-built and state-operated project (amortization of capital takes place from the project). Contractor is not operator. Sovereign guarantee is not available – more risk for contractor.

4-BUY BACK: Entails “construction + investment” by contractor. The government does not benefit from suitable financial capabilities or it may be probable that financing or investing by government is not economic. The project requires to be invested. The contractor performs its task and recovers its cost and a fee by buying (or setting off) products or receiving cash achieved form selling products of the own-built project from government. Contractor is not operator (e.g. a contractor in a petroleum buy back contract only undertakes exploration and development – governmental body is the party which produces oil (operator)). Sovereign guarantee is not available – more risk for contractor.

Sources: EPCF contracts in oil and gas industry (article), TEFCEL EPC workshop

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